High CourtsDivision Bench(2009) 04 KL CK 0030

George vs State of Kerala, Circle Inspector of Police and Kuttappan

High Court Of Kerala · Decided on 21 April 2009 · Citation: (2009) 2 ILR (Ker) 131

HON’BLE JUDGES
S. Siri Jagan, J · Antony Dominic, J
CASE NUMBER
WP (C) . No. 12185 of 2009 (P)

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Judgment

3 paragraphs · 216 words

S. Siri Jagan, J.—The petitioner is the tenant of a shop room belonging to the 3rd respondent. The 3rd respondent has been trying to evict the petitioner from the shop room. Therefore, the petitioner filed O.S. No. 110/09 before the Munsiff''s Court, Perumbavoor, who passed Ext.P2 order of injunction injuncting the 3rd respondent from evicting the petitioner except in accordance with due process of law. The petitioner''s allegation in this writ petition is that at the instance of the 3rd respondent, the 2nd respondent is trying to force the petitioner to vacate the premises and withdraw the suit. The petitioner, therefore, seeks the following relief:

i. To issue a writ of mandamus or any other appropriate writ order or direction, directing the 2nd respondent to abstain from harassing and threatening the petitioner.

2.

Despite service of notice, the 3rd respondent has not chosen to appear and contest the matter. In so far as this is a civil dispute, the 2nd respondent has no role in the matter and the parties have to abide by the order of the Civil Court. That being so, this writ petition is disposed of directing the 2nd respondent not to interfere with the dispute between the petitioner and the 3rd respondent in any manner unless a law and order situation arises.